• Title/Summary/Keyword: revised Occupational Safety and Health Act

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A Health and Safety Issue in the Serious Accident Punishment Act - Focusing on the Contract, Service, and Commission Relationship Issues - (중대재해처벌법의 안전보건상의 쟁점 고찰 - 도급·용역·위탁관계 문제를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.2
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    • pp.129-136
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    • 2022
  • Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them. Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory. Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term. Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.

Analysis of the Operation of Fire Observers in the Domestic Manufacturing Industry - Focusing on the Revised Occupational Safety and Health Act (국내 제조업 화재감시자 운영 실태 분석 - 개정 산업안전보건법 중심)

  • Kyung Min Kim;Yongyoon Suh;Jong Bin Lee;Seong Rok Chang
    • Journal of the Korean Society of Safety
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    • v.38 no.3
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    • pp.77-84
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    • 2023
  • Welding and cutting, which are representative tasks in handling firearms at industrial sites, are the basis for production and maintenance processes across all industries. They are also essential in the root industry. Specifically, they are widely used in the manufacturing industry, including equipment industries such as shipbuilding, automobiles, and chemicals, and subsequent maintenance work and general facility repair. However, such hot work carries a high fire risk owing to sparks scattering and inadequate management, resulting in a high occurrence of accidents. In response, the government and relevant organizations have recently revised the Occupational Safety and Health Act to prevent accidents during hot work. These revisions impose more stringent regulations than before, which are expected to help prevent actual fire accidents. However, whether the fire observer system, which is the core element of the revision, would be practically applied and maintained is unclear. Therefore, this study compared the fire observer system in the revised Occupational Safety and Health Act with those in the laws and systems of developed countries, conducted interviews with safety and health experts to assess the suitability of the new system for fire observer operations, and improvement plans were derived accordingly. Therefore, the laws and systems of developed countries grant more authority to fire observers compared with those of Korea. Moreover, professional training in handling emergency is required. Interviews with safety and health experts revealed that regardless of company size, the same operating standards were applied, and standards for deploying fire observers in various locations were unclear. Furthermore, there was a lack of professional education and training, and the role and authority of fire observers were limited. These findings revealed a problem in this sector. The results of this study are expected to serve as basic data for establishing a practical system for placing fire observers and supplementing laws, guidelines, and systems for preventing fire accidents.

A Study on the Management Plan through Performance Maintenance Analysis of Explosion-proof Facilities (방폭설비 성능유지 실태분석을 통한 관리방안 연구)

  • Kwon, Yong Jun;Byeon, Junghwan
    • Journal of the Korean Society of Safety
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    • v.35 no.2
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    • pp.8-16
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    • 2020
  • In Article 311 of the Regulation on Occupational Safety and Health Standards requires the use of Korean Industrial Standards Act in accordance with the Industrial Standardization Act. However, the classification, inspection, maintenance, design, selection, and installation of explosion hazard locations for explosion and explosion prevention and internalization of 'safety' in the performance maintenance phase of electrical machinery and equipment There is no technical and institutional management plan for remodeling and alteration. Analysis of actual conditions and problems related to the installation, use, and maintenance of explosion-proof equipment, comparative analysis of domestic and international technical standards and systems, technical, institutional and administrative systems and systems related to installation, use, and maintenance of explosion-proof equipment, technical personnel and qualifications, etc. It is to propose legislation, system improvement, and technical standard establishment related to the maintenance of explosion-proof facility performance through improvement of the necessity and feasibility study for establishment of the legal status of the management site and management plan. As technical measures, KS standard revision (draft), KOSHA guide (draft) and explosion-proof facility performance maintenance manual were presented. In addition, the institutional management plan proposed the revised rule on occupational safety and health standards, the revised rule on the restriction of employment of hazardous work, and the manpower training program related to the maintenance of explosion-proof facilities and the qualification plan. Enhance safety at the installation, use, and maintenance stage of explosion-proof structured electrical machinery. It is expected to be used to classify explosion hazards, select related equipment, and to update and standardize standards related to installation, use and maintenance.

Analysis on the Legal Control Levels and GHS Classification Information Status for Strongly Acidic Hazardous Materials (강산성 유해화학물질의 법적관리 수준 및 GHS 분류정보 제공 실태분석 연구)

  • Lee, Kwon Seob;Jo, Ji Hoon;Park, Jin Woo;Song, Se Wook
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.4
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    • pp.384-392
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    • 2013
  • Objective: This study inspected incident cases, legal control levels, and GHS(Globally Harmonized System of Classification and Labeling of Chemicals) classification results of strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid, which have been responsible for many recent chemical accidents. As a result, it is deemed necessary for legal control levels of these strong acids to be revised and GHS classification be managed nation-wide. Methods: This study inspected incident cases and legal control levels for strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid. The study analyzed and compared chemical information status and GHS classification results. Results: There were 76 domestic incidents involving strongly acidic hazardous materials over the five years between 2007 and 2011. They include 37 leakage incidents(46.7%) within a workplace, 30 leakage incidents(39.5%) during transportation, and nine leakage incidents(13.8%) following an explosion. The strongly acidic materials in question are defined and controlled as toxic chemicals according to the classes of Substances Requiring Preparation for Accidents, Managed Hazardous Substance, Hazardous Chemical(corrosive) as set forth under the Enforcement Decree of the Toxic Chemicals Control Act and Rules on Occupational Safety and Health Standards of Occupational Safety and Health Act. Among them, nitric acid is solely controlled as a class 6 hazardous material, oxidizing liquid, under the Hazardous Chemicals Control Act. The classification results of the EU ECHA(European Chemicals Agency) CLP(Commission Regulation(EC) No. 790/2009 of 10 August 2009, for the purposes of its adaptation to technical and scientific progress, Regulation(EC) No 1272/2008 of the European Parliament and of the Council on classification, labeling and packaging of substances and mixtures) and NIER (National Institute of Environmental Research) are almost identical for the three chemicals, with the exception of sulfuric acid. Much of the classification information of NITE (National Institute of Technology and Evaluation) and KOSHA(Korea Occupational Safety and Health Agency, KOSHA) is the same. NIER provides 12(41.4%) out of 29 classifications, as does KOSHA.

A Study on Safety Awareness of Managers and Workers in Construction after the Serious Accident Punishment Act (중대재해처벌법 시행 후 건설현장 관리자 및 근로자의 안전의식에 대한 연구)

  • Dongsun Lee;Taekeun Oh
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.543-548
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    • 2023
  • Korea has achieved great economic growth, but the high rate of accidents in the industry still threatens the safety of workers and causes a lot of property loss. In order to lower the accident rate, the Occupational Safety and Health Act was fully revised in April 2020 and safety management was strengthened, but the number of deaths rather increased. In response, the government and the National Assembly implemented the Serious Accident Punishment Act in January 2022, but the effect has not been confirmed. So, this study conducted a questionnaire survey on how the safety awareness of construction site workers and managers was affected after the Serious Accident Punishment Act. and suggested measures to improve safety management.

A Study on the Expected Effects and Vulnerabilities of Safety&Health Sheet on the Construction Industry (공공기관 건설공사의 안전강화를 위한 안전보건대장이 건설산업에 미치는 기대효과와 취약점에 관한 연구)

  • Semi, Oh
    • Journal of the Korea Institute of Construction Safety
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    • v.2 no.2
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    • pp.45-49
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    • 2019
  • The purpose of this study is to study how to draw up a safety guarantee certificate and its future expected effects in connection with the Industrial Safety and Health Act as it becomes mandatory to draw up a safety guarantee led by the owner who exercises practical decision-making authority and pays for the construction work. Therefore, Therefore, this study predicts the expected effects of the health and safety guarantee on the construction industry and the weaknesses that future health and assurance have in settling in the construction industry in relation to the revised Act on Industrial Safety and Health. And It will be used as basic data on the changes that will be brought by the shipper-led preemptive safety and health management system, as well as strengthening responsibilities and safety for the role of the shipper in the construction industry.

Development of MSDS DB management system corresponding to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (GHS 체계에 대응한 MSDS DB 구축 및 정보 제공 프로그램 개발)

  • Lim, Cheol-Hong;Kim, Hyun-Ock;Lee, Hye-Jin;Ahn, Sun-Chan;Shin, Hyun-Hwa;Yang, Jeong-Sun
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.19 no.4
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    • pp.347-362
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    • 2009
  • The United Nation agreed to adopt the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) until 2008 to solve the significant differences enough to result in different labels or MSDS for the same chemical in different jurisdictions. Though the GHS is an ideal solution in the respect of pursuing only one format of a MSDS throughout the world, it may cause confusion at the beginning due to lack of information. So the Korean Ministry of Labor (MOL) revised the Industrial Safety and Health Act (ISHA) and related public notice on the classification & labelling of chemicals according to the GHS in 2006. The transition period for the implementation of the GHS for substances was set until Jun 30, 2010, and for mixtures until Jun 30, 2013. To promote the implementation of the GHS in Korea, we developed an application program for constructing MSDS database and a management program for providing MSDS contents on the web in accordance with the GHS. We analyzed the sixteen sections of MSDS by the GHS guideline, and the result showed the necessity to construct logically connected DB for chemical identifier, hazard classification, label, standard phrases and regulatory information. Each section of a MSDS was divided into sub-databases to update the database efficiently. According to Relational Database Management System (RDBMS), the sub-databases were automatically assembled and subsequently a full MSDS is produced. At present, MSDS database for 6,314 substances has been built and provided through internet as the MSDS Editing program. During the service period from January 1 to March 31, 13,666 users have searched MSDSs for 33,401 substances. During program review, some comments about the classification results and other MSDS element sources were reported but no technical bug reported. We expect that the MSDS DB management system in accordance with GHS will accelerate the implementation of the GHS in Korea.

Identification of Problems and Improvement Measures of Fire Observer Operation in Domestic Manufacturing Industry (국내 제조업 화재감시자 운영의 문제 확인 및 개선방안)

  • Kyung Min Kim;Yongyoon Suh;Jong Bin Lee;Seong Rok Chang
    • Journal of the Korean Society of Safety
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    • v.38 no.6
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    • pp.26-35
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    • 2023
  • Sparks cause most fire and explosion accidents in the manufacturing industry during hot work, which ignites surrounding combustible materials. Such incidents lead to high casualties due to suffocation from toxic gases and lack of evacuation. Therefore, the government recently enacted and revised 'The Occupational Safety and Health Act' to prevent fires and explosions at work sites, incorporating legal standards for fire observers, which are important in preventing accidents and the spread of fire during hot work. However, there are notable shortcomings in conducting professional cause analysis of these accidents and in aligning them with advanced foreign legal standards. Additionally, there is a lack of literature review reflecting the manufacturing industry characteristics. Despite the recent enactment and revision of legal standards, gathering sufficient opinions and professional reviews remains insufficient. To address these gaps, interviews were conducted with safety and health workers, analyzing recent fire and explosion causes in domestic manufacturing industries, and reviewing both domestic and international legal standards. Conclusively, proposed improvement measures were centered on the professionalization of fire observer education, enhancing their roles and authority realistically, and improving fire observer placement and operation standards. Consequently, additional 'Occupational Safety and Health Act' standards are necessary for fire observer education and defining the government's role. Second, precise legal standards outlining the role and authority of fire observers are required. Third tailored fire observer arrangements and management standards appropriate for varying work characteristics and company sizes are required. This study emphasizes the importance of supplementing relevant legal standards to prevent fire accidents in the manufacturing industry.

Hazard and Risk Assessment and Cost and Benefit Analysis for Revising Permissible Exposure Limits in the Occupational Safety and Health Act of Korea (산업안전보건법 허용기준 대상물질의 허용기준 개정을 위한 유해성·위험성 평가 및 사회적 비용·편익 분석)

  • Kim, Ki Youn;Oh, Sung Eop;Hong, Mun Ki;Lee, Kwon Seob
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.25 no.2
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    • pp.134-145
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    • 2015
  • Objectives: An objective of this study was to perform a risk assessment and social cost-benefit analysis for revising permissible exposure limits for seven substances: Nickel(Insoluble inorganic compounds), benzene, carbon disulfide, formaldehyde, cadmium(as compounds), trichloroethylene, touluene-2,4-diisocyanate. Materials and Methods: The research methods were divided into risk and hazard assessment and cost-benefit analysis. The risk and hazard assessment for the seven substances consists of four steps: An overview of GHS MSDS(1st), review of document of ACGIH's TLVs (2nd), comparison between international occupational exposure limits and domestic permissible exposure limits(3rd), and analysis of excess workplace and excess rate for occupational exposure limits based on previous work environment measurement data(4th). Total cost was estimated using cost of local exhaust ventilation, number of excess workplace and penalties for exceeding a permissible exposure limit. On the other hand, total benefit was calculated using the reduction rate of occupational disease, number of workplaces treating each substance and industrial accident compensation. Finally, the net benefit was calculated by subtracting total cost from total benefit. Results: All the substances investigated in this study were classified by CMR(Carcinogens, Mutagens or Reproductive toxicants) and their international occupational exposure limits were stricter than the domestic permissible exposure limits. As a result of excess rate analysis, trichloroethylene was the highest at 11%, whereas nickel was the lowest at 0.5%. The excess rates of all substances except for trichloroethylene were observed at less than 10%. Among the seven substances, the total cost was highest for trichloroethylene and lowest for carbon disulfide. The benefits for the seven substances were higher than costs estimated based on strengthening current permissible exposure limits. Thus, revising the permissible exposure limits of the seven substances was determined to be acceptable from a social perspective. Conclusions: The final revised permissible exposure limits suggested for the seven substances are as follows: $0.2mg/m^3$ for nickel, 0.5 ppm(TWA) and 2.5 ppm(STEL) for benzene, 1 ppm(TWA) for carbon disulfide, $0.01mg/m^3$(TWA) for cadmium, 10 ppm(TWA) and 25 ppm(STEL) for trichloroethylene, 0.3 ppm(TWA) for formaldehyde, and 0.005 ppm(TWA) and 0.02 ppm(STEL) for toluene diisocynate(isomers).

A Study on Workers' Oral Function Problem According to Korean Standard Classification of Occupations (한국 표준직업분류에 따른 근로자의 구강기능문제)

  • Ju, On-Ju;Kim, In-Ja
    • Journal of the Korea Convergence Society
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    • v.11 no.6
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    • pp.341-347
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    • 2020
  • This study was conducted to identify the oral function problems of workers according to Korean Standard Classification of Occupations (KSCO) and to provide evidentiary material to promote them to revise the Occupational Safety and Health Act so that workers can benefit from the collective oral healthcare project. For the research materials, it was used the 7th raw data (1st and 2nd) of National Health and Nutrition Examination Survey. It was examined the problems of chewing and speaking for the workers over 19 years old by KSCO. The connection between the types of workers and the problems of chewing and speaking has been confirmed (p<0.05). In order to improve the workers' oral healthcare, the collective oral healthcare project should be implemented. Therefore, the Occupational Safety and Health Act should be revised to hire professional health care manager with expertise, who will be host of the collective oral healthcare project.